Patents give you exclusivity in your marketplace. Exploit that exclusivity to dominate your marketplace.
Whether you are interested in registering a Patent, commercialising a Patent or enforcing a Patent, it is vital that you use patent lawyers who understand technology and patentable subject matter.
All of our Patent Lawyers and Technology Lawyers have Technology Degrees.
We know technology and how to protect it.
Watch our animation on how you can use the power of Patents,
to Dominate your Marketplace.
Patent Law Services
EAGLEGATE’s founding Partner, Nicole Murdoch, is an Engineer, has formal training as a Patent Attorney and has over 10 years industry experience in the IT industry. She has been working with IT and computers since 1984. She has a proven track record in obtaining commercial outcomes, is a Doyle’s Guide recommended IP lawyer and holds a Masters in Industrial Property. She trained as a Patent and Trade Marks Attorney with Cullens Patent and Trade Mark attorneys. She has practiced IP law for the last 10 years and understands the practical implications of technology contracts and court cases on clients and their businesses. She aims to settle cases on commercially sensible and economic terms without having to proceed to court.
Stuart Efstathis’ background is in Applied Science, majoring in Biotechnology. This allows him to fully understand specialist client’s needs and provide tailored advice accordingly. Stuart enjoys advising on complex expert evidence in matters involving the sciences. Stuart is able to assist in matters regarding the changing nature of copyright law in the context of artificial intelligence, as well as changes to medical and software patents in the face of rapid technological advancement.
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How to Patent an Idea in Australia
Patents require registration with IP Australia. First a patent specification is drafted which describes the invention in such a way that a person who is skilled in the art can reproduce the invention. It is strongly recommended that the patent specification is drafted by a registered Patent Attorney.
In Australia there are currently two types of patent applications that can result in a granted patent. The term of a standard patent is typically 20 years and the term of an innovation patent is 8 years.
A standard patent can take 5 years to become examined and granted. Once it is accepted for grant it will be advertised for opposition purposes. Once it is successfully through opposition process it becomes granted and is then enforceable. The process of obtaining grant of a patent is referred to as prosecuting patents.
An innovation patent will become granted immediately but needs to be certified before it can be enforced.
Patent Attorneys provide high quality services and train for a number of years to specialise in drafting patent specifications in Australia. Patent attorneys also advise clients on prosecution of patents and portfolio management.Patent attorneys may or may not also be lawyers. Unless the patent attorney is also a lawyer he or she cannot represent you in Court.
Patent Attorneys draft patents to be as broad as possible to give you the strongest rights so you can catch patent infringers whilst, at the same time, avoid prior art which may be used to invalidate the granted patent.
EAGLEGATE works with patent attorneys in Brisbane and around Australia to ensure our client’s have the strongest possible intellectual property rights. Call EAGLEGATE if you need a referral to a patent attorney in Brisbane or Australia.
What is a Patent Infringement Lawyer
A patent infringement lawyer is a lawyer who has experience in patent infringement matters. The person may or may not also be a patent attorney. Patent infringement lawyers advise clients in respect of freedom to use searches, patent infringement and defences, cross-claims for invalidity. They work with registered patent attorneys to assist with patenting in Australia and prosecuting patent applications to grant.
As a qualified lawyer, a patent infringement lawyer should have the ability to represent you before the courts.
As expert patent infringement lawyers in Brisbane, EAGLEGATE will guide you through the process of patent infringement and hold your hand, every step of the way.
Clients don’t buy our time, they buy our 20+ years of experience.
- What is the difference between an Innovation Patent, Standard Patent and Provisional Patent?
A provisional patent is a temporary filing which acts as a placeholder (or flag in the sand) to establish a priority date. A provisional patent is not a full patent application and will not result in the grant of a patent. It is valid for only one year and is not enforceable. To preserve that priority date you must file a complete application, which derives priority from the provisional patent application within one year of filing the provisional patent and the invention must be sufficiently disclosed in the provisional patent application.
An Innovation patent is a patent that must, amongst other things, be novel and have an innovative step, at its priority date. The test for innovative step is not difficult to overcome. The term of an Innovation patent is 8 years from its filing date. An Innovation patent must only have 5 claims or under and it cannot be enforced unless it is certified.
A standard patent must be, amongst other things, novel and have an inventive step, at its priority date. The term of a standard patent is 20 years from its filing date but this can be extended up to 25 years for certain inventions.
- What is a PCT?
PCT stands for Patent Cooperation Treaty, which is an international patent law treaty, concluded in 1970. The treaty provides a unified procedure for filing patents to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.
- What is the difference between a PCT and a standard patent application?
A PCT is a patent that is filed under the PCT (Patent Cooperation Treaty). A reference to a standard patent application is normally a reference to an application that is filed directly with a governing authority, rather than through the PCT process.
- What is entering national phase?
When a PCT is filed it is not filed in a particular country. Rather all countries are automatically designated but the patentee must decide to “enter national phase” in each country in which it wishes to register the patent. The process of filing the application in the country of choice, is referred to as “entering national phase”.
- Can I patent software?
Software can be patented but not all software can be patented. Pure algorithms that do nothing more than can be done without a computer are generally not patentable, but a device that has a computer incorporated into it, that produces a novel output or which acts in a novel way, may well be patentable. If you have a software invention you wish to patent, give EAGLEGATE a call.
- When should I get a patent?
A patent needs to be at least, novel and innovative, or novel and inventive, at its priority date. Therefore it is very important that you file the patent as soon as possible and certainly before you disclose the invention publicly.
- Will I lose my patent if I start a patent infringement action?
It is common in patent infringement cases to face a cross-claim for invalidity of the patent. If the patent is found to be invalid then there should, without any other claims which may be successful, be no injunction based on any prior infringement on the basis that the patent should never have been granted in the first place.
- My employer is claiming my invention is owned by him. Is it?
Ownership of inventions can be contentious, particularly when one party is in a position of power over the other party. A dispute over ownership of an invention is referred to as an “entitlement dispute”. Whether an employer owns an invention made by the employee depends on many factors including, whether the employee was instructed to invent, what the contractual arrangements are between the employer and the employee and whether the invention was created in the course of employment. If you have an entitlement dispute, call EAGLEGATE for assistance.